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Accused of sexual assault. What to do

If an allegation of sexual assault has been made against you, the allegation will have a devastating effect upon you and your family. It will be a difficult and distressing situation to deal with, especially if the allegation is untrue. The  facts of a sexual assault allegation will always be personal in nature and may be complex in detail, they can have long lasting consequences not only for you but also for your family.

What should I do if I am accused of a sexual assault.

There is no time limit placed on an accuser to make an allegation of sexual assault, although most allegations of this nature are made near to the time of the alleged assault, some allegations are made after a short period of reflection and some allegations are made after a considerable period of time has elapsed, the latter are known as historical sexual offences. Once informed of an allegation of a sexual nature, regardless of when the offence took place, the police will always take the allegation seriously and are obliged to investigate thoroughly.

Once the allegation has been made, irrespective of when the sexual assault is said to have taken place,  the police will seek to obtain evidence of the offence, this is done by a video interview with the complainant and if the allegation relates to a recent assault, samples will be obtained. If you are aware of the allegation, under no circumstances should you make contact with the complainant.

The police, upon receiving the complaint may seek to arrest you without notice. Should you be arrested, you are entitled to be represented by a solicitor at the police station, under no circumstances should you agree to be interviewed without legal representation.

In some circumstances the police may wish to speak to you on a voluntary basis, again the first step is to contact a criminal defence solicitor who can open the lines of communication with the officer and arrange a mutually convenient time to attend the police station for the interview to take place.

Obtaining expert legal advice quickly is important because a solicitor can give you the support and guidance that you will require at this difficult time. All advice at the police station is free and confidential.

We at Elliot Mather LLP represent clients who have been accused of sexual assault. We act in a professional, confidential and diligent manner, we do everything in our professional ability to secure the best possible outcome in all cases. If you have been accused of a sexual offence, contact us to see how we can assist

Why do I need a solicitor

A criminal defence solicitor is used to dealing with the police and other agencies in offences such as these. A solicitor will be able to open up lines of communication with the officer in the case and obtain details of the facts as related by the complainant, once that information has been obtained, a solicitor will be able to relay this information to you so that you are aware of the substance of the allegation prior to the interview being conducted. The advantage of instructing a solicitor is that you will have the benefit of disclosure and will not be taken by surprise during the interview, there is no such duty of disclosure if you decide to be interviewed unrepresented.

The nature of the allegation means that the investigation will be thorough and all aspects of the allegation will be explored by the police, this means there could be a considerable delay before a disposal is sought. We at Elliot Mather LLP will continue to be proactive. We will continue to engage with you and liaise with the police and CPS. If further information comes to light that we can present on your behalf that will support your case, we will do so at the earliest opportunity.

If you have children, or if you live with a partner who has children, the police will inform Social Services. This is normal procedure and they will wish to speak to you and your family, this will be done outside of the police station and our expert child care solicitors will be able to assist with issues that arise in respect of the children.

For further information please contact our criminal defense team in confidence at

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